§ 27-21-109. Defenses to prosecution

AR Code § 27-21-109 (2018) (N/A)

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(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.

(b) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that:

(1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;

(2) The public street or highway was not an interstate highway;

(3) Traveling on the public street or highway was the most reasonable route of access available to him or her from:

(A) One off-road trail to another off-road trail; or

(B) His or her private property to an off-road trail; and

(4) His or her purpose for riding on the public street or highway was to get from:

(A) One off-road trail to another off-road trail; or

(B) His or her private property to an off-road trail.

(c) As used in this section, "his or her private property" means real property that an operator of an all-terrain vehicle:

(1) Owns;

(2) Leases;

(3) Resides at with the owner or lessee of the real property; or

(4) Is staying at for a specific period of time as an invitee, including without limitation a:

(A) Vacation resort;

(B) Rental cabin;

(D) Right-to-use timeshare.

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§ 27-21-108. Equipment

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